H.S.BHALLA,J - (1.) IN a free country like India, right to own property is a fundamental right given by the Constitution of India and every citizen, as per his desire, can possess moveable and immovable property, but at the same time, in the interest of State and General Public, the property of a person can be acquired, but certainly after awarding compensation to him and this is the spirit of law, which spells out from the Land Acquisition Act, 1894 (for short as "the Act").
(2.) BY this common judgment, I shall be disposing of two appeals, being R.F.A. Nos. 2792 of 1987 filed by the State of Punjab praying for setting aside the award dated 3.9.1987 passed by Additional District Judge, Sangrur and 2810 of 1987 filed by the appellant-complaint for enhancement of compensation. Since they arise out of the same impugned award dated 3.9.1987 passed by Additional District Judge, Sangrur and are being heard together. However, for the sake of convenience, facts are being extracted from R.F.A. No. 2792 of 1987. The facts required for the disposal of this appeal are that in pursuance of notification under Section 4 of the Act dated 10.7.1981 the Punjab Government decided to acquire land situated in village Gaunspura, tehsil Malerkotla, district Sangrur for the manufacture of Fatty Acid and Glycerin at village Gaunspura. The Collector assessed the value of the acquired land at Rs. 53,926/- per acre. It has been alleged in the petition that the land belonging to Darshan Singh claimant was also acquired along with the other land. Feeling dissatisfied with the Collector's award, Darshan Singh filed an application under Section 18 of the Act claiming for enhancement of compensation. It is alleged in the petition that the price of the land prevailing in the locality at the time when the acquisition was made was Rs. 50,000/- per bigha. The land is situated on a metalled road and has great potential for residential as well as for industrial purposes. The town of Malerkotla is developing into industrial town and the entire construction is being raised on all sides of the acquired land and development has also been made towards the land of the claimant. The respondent landowner has prayed for enhancement of compensation. Hence, this petition.
(3.) ON the other hand, reply was filed by the respondent-State controvering all the pleas taken up by the claimant in his appeal reasserting that the value of the acquired land assessed by the Collector is correct and no further enhancement is required. It has also been maintained in the written statement that the acquired land is purely agricultural land and does not possess any specific potentiality for residential or commercial purpose. The appellant- State has prayed for dismissal of the petition.;